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Citation: 73 Fed. Reg. 8209 2008

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### Federal Register/Vol. 73, No. 30/Wednesday, February 13, 2008/Rules and Regulations

practicable and permitted by law,to make environmental justice part oftheir mission by identifying and addressing,

as appropriate, disproportionately high and adverse human health or environmental effects oftheirprograms, policies, and activities onminority populations and low-income populations in the United States.

EPA has determined that this final rulewill not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the applicable 8-hour ozone NAAQS which establish the level of protection provided to human health or the environment. This rule will relax the applicable volatility standard of gasoline during the summer possibly resulting in slightly higher mobile

source emissions. However, the State of Louisiana has demonstrated in a maintenance plan that this action will not interfere with attainment ofthe 8- hour ozone NAAQS and therefore disproportionately high and adverse human health or environmental effects

onminority orlow-income populations

are not an anticipated result. K. Congressional ReviewAct The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before arule maytake effect, the agency promulgating the rule must submit a rule report, which includes a copy ofthe rule, to each House ofthe Congress andto the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States prior to publication ofthe rule in the Federal Register. A "major rule" cannot take effect until 60 days afterit is published in the Federal Register.

This action is not a "major rule"' as defined by 5 U.S.C. 804(a). This rule will be effective April 14, 2008.
VIII. Legal Authority and Statutory Provisions

Authority forthis action is in sections 211(h) and 301(a) ofthe Clean Air Act, 42 U.S.C. 7545(h) and 7601(a).
List ofSubjects in 40 CFR Part 80

Environmental protection, Administrative practice and procedures, Air pollution control, Fuel additives, Gasoline, Incorporation.by reference, Motor vehicle and motor vehicle engines, Motor vehicle pollution, Penalties, Reporting and recordkeeping requirements.

Dated: February 7,2008. Stephen L. Johnson, Administrator.

s Title40, chapterI,part80 ofthe Code ofFederal Regulations is amended as follows:

PART 80--[AMENDED]

m 1.The authority citation forpart 80 continues to read as follows:

Authority: 42 U.S.C. 7414, 7545 and 7601(a).

m2. In §80.27(a)(2)(ii), the table is amended byrevising the entry for Louisiana and adding anew footnote 4 to read as follows: §80.27 Controls and prohibitionson gasolinevolatility.

(a) * * * (2) * * * (it) * * *

APPLICABLE STANDARDS 1 

### 1992 AND SUBSEQUENT YEARS

State May June July August September

Louisiana: G

rant Parish 4

........................................ .... .... .... ..... ...... ..... .... ..... ..... .. . 9.0 9.0 9.0 9.0 9.0 Allother volatility nonattainment areas
............................................. 9.0 7.8 7.8 7.8 7.8

1Standards are expressed inpounds per square inch (psi).

4The standard forGrant-Parish from June 1until September 15 in1992 through 2007 was 7.8 psi.

[FR Doc. E8-2702 Filed 2-12-08; 8:45 am)
BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81
[EPA-R09-2007-OAR-1109; FRL-8528-4]

Determination of Nonattainment and Reclassification of the Imperial County, 8-Hour Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: This rule finalizes EPA's finding ofnonattainment and

- reclassification ofthe Imperial County 8-hour ozone nonattainment area (Imperial County). EPA finds that Imperial County has failed to attainthe 8-hour ozone national ambient air' quality standard ("NAAQS" or "standard") by June 15, 2007, the attainment deadline set forth inthe Clean Air Act (CAA) and Code of Federal Regulations (CFR) for marginal nonattainment areas. As aresult, onthe effective date ofthis rule, Imperial County willbe reclassified by operation of law as a moderate 8-hour ozone nonattainment area. The moderate area attainment date forthe reclassified Imperial County willbe "as expeditiously as practicable," but no later thanJune 15, 2010. Once reclassified, California must submit State Implementation Plan (SIP) revisions that meet the 8-hour ozone nonattainment requirements for moderate areas, as required bythe CAA. EPA has determined that the State must submit these SIP revisions byDecember 31, 2008. DATES: Effective Date:March 14, 2008. ADDRESSES: EPA has established docket number EPA-R09-2007-OAR-1109 for this action. The index to the docket is available electronically at http:// www.regulations.govand in hard copy at U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. While 8209

### 8210 Federal Register/Vol. 73, No. 30/Wednesday, February 13, 2008/Rules and Regulations

documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and

some may not be publicly available in either location (e.g., Confidential Business Information). To inspect the hard copy naterials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Adrienne Priselac, EPA Region IX, (415) 972-3285, priselac.adrienne@epa..gov. SUPPLEMENTARY INFORMATION:
Table ofContents I..What is the background for this action? II. Response to Comments Ill. What is the effect ofthis action?

A. Determination ofNonattainment,

Reclassification ofImperial County Nonattainment Area and New Attainment Date B. Date for Submitting a Revised SIP for the

Imperial County Area IV. Final Action V. Statutory andExecutive Order Reviews
I.What is the background for this action?

On November 23, 2007, EPA published its proposed finding that Imperial County did not attain the 8- hour ozone NAAQS byJune 15, 2007, the applicable attainment date (72-FR 65682). The proposed finding was based upon ambient air quality data from the
years 2004, 2005, and 2006. In addition,

as explained inthe proposed rule, the

area did not qualify for an attainment date extension under the provisions of CAA section 181(a)(5) and 40 CFR 51.907, because the 4th highest daily value in the attainment year was greater than 0.084 ppm. Inthe November 23, 2007, proposal, EPA proposed thatthe

area wouldbe reclassified byoperation oflaw to "moderate" nonattainment, in accordance with CAA section 181(b)(2).
II. Response to Comments

EPA published its proposed rule on November 23, 2007, andprovided an opportunity forpublic comment. The public comment period ended on December 24, 2007. EPA received no comments. No further opportunity for public comment will be provided.

III. What is the effect ofthis action?
A. Determination ofNonattainment,

- ReclassificationofImperialCountyand NewAttainmentDate

Pursuant to section 181(b)(2), EPA finds that Imperial County failed to attain the 8-hour ozone NAAQS bythe June 15, 2007, attainment deadline prescribed under the CAA (69 FR 23858, April 30, 2004 and 40 CFR 51.903(a)) for marginal ozone nonattainment areas. When this finding becomes effective, Imperial County willbe reclassified by operation oflaw from marginal nonattainment to moderate nonattainment. The reclassification to the next higher classification is mandated by section 181(b)(2)(A) ofthe CAA. (see the discussion inthe proposal at 72 FR 65684) Moderate areas are required to attain the standard "as expeditiously as practicable" but no later than 6 years after designation or June 15 2010. The "as expeditiously as practicable" attainment date willbe determined as part ofthe action on the required SIP submittal demonstrating attainment ofthe 8-hour ozone standard. Also in this action, EPA is finalizing its proposal establishing a schedule by which California will submitthe SIP revisions necessary to meet the requirements for areas reclassified to moderate nonattainment ofthe 8-hour ozone standard.
B. Date forSubmittingaRevisedSIP for theImperialCountyArea

In its proposal, EPA addressed the schedule by which California is required to submit a revised SIP meeting the requirements for the Imperial County moderate nonattainment area. When an area is reclassified, EPA has the authority under section 182(i) ofthe CAA to adjust the CAA's submittal deadlines.for any new SIP revisions that

are required as a result ofthe reclassification.

Pursuant to 40 CFR 51.908(d), for each nonattainment area, a state must provide for implementation ofall control measures needed for attainment

no later than the beginning ofthe attainment year ozone season. The attainment year ozone season is the

ozone season immediately preceding a nonattainment area's attainment date, in this case 2009 (40 CFR 51.900(g)). The

ozone season is the ozone monitoring

season as defined in 40 CFR Part 58, Appendix D, section 4.1, Table D-3 (71 FR 61236, October 17, 2006). For the purposes ofthis reclassification for Imperial County, January 1,2009, is the beginning of the ozone monitoring

season. As a result, EPA is finalizing its proposal requiring that the required SIP revisions be submitted by California as expeditiously as practicable, but no later than December 31, 2008. This timeline also calls for implementation of applicable controls no later than January 1, 2009.

The area was previously required to submit the requirements formarginal
areas, and under section 182(b) remains required to meet them, and now must meet the requirements for moderate

areas as well.

A revised SIP must include the following moderate area requirements: (1) An attainment demonstration (40 CFR 51.908), (2) provisions for reasonably available control technology and reasonably available control

measures (40 CFR 51.912), (3) reasonable further progress reductions in emissions (40 CFR 51.910), (4) contingency measures tobe implemented in the event offailure to meet a milestone or attainthe standard (CAA 172(c)(9)), and (5) NOx and VOC emission offsets of 1.15 to 1 for major

source permits (40 CFR 51.165(a)). See also the requirements formoderate

ozone nonattainment areas set forthin CAA section 182(b). 1

IV. Final Action

Pursuant to CAA section 181(b)(2), EPA is making a final determination that the Imperial County "marginal" 8- hour ozone nonattainment area failed to attain the 8-hour ozone NAAQS byJune 15, 2007. Upon the effective date ofthis rule, the Imperial County "marginal" 8- hour ozone nonattainment area will be reclassified by operation oflaw as a "moderate" 8-hour ozone nonattainment area. Pursuant to section 182(i) ofthe CAA, EPA is establishing the schedule for submittal ofthe SIP revisions required formoderate areas
once the area is reclassified. The required SIP revision for California must be submitted as expeditiously as practicable, but no laterthan December 31, 2008.
V. Statutory and Executive Order Reviews
A. Executive Order12866, Regulatory Planning andReview This action is not a "significant regulatory action" under the terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993), entitled "Regulatory Planning and Review" and is therefore not subject to review under the EO. The Agency has determined that the finding ofnonattainment would result innone ofthe effects identified in the Executive Order. Under Section 181(b)(2) ofthe CAA, determinations of nonattainment arebased upon air quality considerations and the resulting reclassifications must occur by operation oflaw.

' Avehicle inspection and maintenance (UM) program would normallybelisted asa requirement foran ozone moderate orabove nonattainment area. However, the Federal l/M Flexibility Amendments of 1995 determined that urbanized areas with populations less than 200,000 for 1990 are not mandated to participate inthe l/M program (60FR 480217, September 18, 1995).Federal Register /Vol. 73, No. 30/Wednesday, February 13, 2008 /Rules and Regulations

B.Paperwork ReductionAct This rule does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
C.RegulatoryFlexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency to conduct

a regulatory flexibility analysis ofany rule subject to notice and comment rulemaking requirements unless the agency certifies that the rule will not have a significant economic impact on
a substantial number ofsmall entities. Small entities include small businesses, small not-for-profit enterprises, and small governmental jurisdictions.

This rule will not have a significant impact on a substantial number of small entities. Determinations of nonattainment and the resulting reclassification ofnonattainment areas by op 'ralioA oflaw under section 181(b t2? of e GAA do not in and of themselves cre Th any new requirements. Jnstead, this rulemaking makes a factual determination, and does not directly regulate any entities. Therefore, I certify that this action will not have a significant economic impact

on a substantial number ofsmall entities.
D. UnfundedMandatesReformAct
Under section 202 ofthe Unfunded Mandates Reform Act of 1995 ("Unfunded Mandates Act" or "UMRA"), signed into law on March 22, 1995, EPA must prepare a budgetary impact statement to accompany any proposed or final rule that includes a Federal mandate that may result in estimated coststo State, local, or tribal governments inthe aggregate, orto the private sector, of$100 million ormore. Under section 205, EPA must select the most cost-effective and least burdensome alternative that achieves the objectives ofthe rule and is consistent with statutory requirements. Section 203 requires EPA to establish a plan forinforming and advising any small governments that may be significantly or uniquely impacted by the rule.

EPA has determined that this rulemaking action does not include a Federal mandate within the meaning of UMRA that mayresult in estimated ' costs of $100 million or more to either State, local, ortribal governments in the aggregate, or to the private sector. Also, EPA has determined thatthis rule contains no regulatory requirements that might signifidantly oruniquely affect small governments and therefore is not subject to the requirements ofsection 203. EPA believes that the finding of nonattainment is a factual determination based upon air quality considerations and thatthe resulting reclassification ofthe area must occur by operation of law. Therefore EPA believes thatthe finding does not constitute a Federal mandate, as defined in section 101 ofthe UMRA, because it does not impose an enforceable duty on any entity.
E.Executive Order13132,Federalism

Executive Order 13132, entitled "Federalism" (64 FR 43255, August 10, 1999), revokes and replaces Executive Orders 12612 (Federalism) and 12875 (Enhancing the Intergovernmental Partnership). Executive Order 13132 requires EPA to develop an accountable process to ensure "meaningful and timely input by State and local officials in the development ofregulatory policies thathave federalism implications." "Policies that have federalism implications" is defined in theExecutive Order to include regulations that have "substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power andresponsibilities among the various levels ofgovernment." Under Executive Order 13132, EPA may not issue a regulation thathas federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary topay the directcompliance costs incurred by State and local governments, or EPA consults with State and local officials early in the process ofdeveloping the proposed regulation. EPA also maynot issue a regulation thathas federalism implications and thatpreempts State law unless the Agency consults with State and local officials early in the process ofdeveloping the proposed regulation.

This rule will-nothave substantial direct effects on the States, on the relationship between the national government and the States, oron the distribution ofpower and responsibilities among the various levels ofgovernment, as specified in Executive Order 13132. This action merely determines thatthe Imperial County area has not attained by its applicable attainment date, reclassifies theImperial County area as a moderate

ozone nonattainment area, and adjusts applicable deadlines. It does not alter the relationship or the distribution of power and responsibilities established in the CleanAir Act. Thus, the requirements of section 6 ofthe Executive Order donot apply to this rule.
F.Executive Order13175, Consultation andCoordinationWith IndianTribal Governments

Executive Order 13175, entitled "Consultation and Coordination with Indian Tribal Governments" (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to
ensure "meaningful and timely input by tribal officials in the development of regulatory policies thathave tribal implications." This final rule does not have tribal implications, as specified in Executive Order 13175. Itwill not have substantial direct effects ontribal governments, onthe relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes. Thus, Executive Order 13175 does not apply to thisrule.
G. Executive Order13045,Protectionof ChildrenFromEnvironmental Health Risks andSafety Risks

Executive Order 13045, "Protection of Children from Environmental Health Risks and Safety Risks" (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is determined to be "economically significant" as defined underExecutive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason tobelieve mayhave a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to otherpotentially effective and reasonably feasible alternatives considered bythe Agency. This action is not subject to Executive Order 13045 because it is not economically significant as defined in E.O. 12866, and because the Agency does not have

reason to believe the environmental health risks or safety risks addressed by this rulepresent a disproportionate risk to children. This action merely determines that the Imperial Valley area has not attained the standard bythe applicable attainment date, reclassifies the Imperial Valley area as a moderate

ozone nonattainment area, and adjusts applicable deadlines.
H. Executive Order13211,Actions That SignificantlyAffect EnergySupply, Distribution, or Use This rule is not subject to Executive Order 13211, "Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use" (66 

### 8211

### 8212 Federal Register/Vol. 73, No. 30/Wednesday, February 13, 2008/Rules a dRegulations

FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866.
L.National Technology Transfer and AdvancementAct

Section 12 ofthe National Technology Transfer and Advancement Act (NTTAA) of 1995 requires Federal agencies to evaluate existing technical standards when developing a new regulation. To comply with NTTAA, EPA must consider and use "voluntary

consensus standards" (VCS) ifavailable and applicable when developing programs and policies unless doing so would be inconsistent with applicable law or otherwise impractical.

The EPA believes that VCS are inapplicable to this action. Today's action does not require the public to perform activities conducive to the use of VCS. This action nierely determines that the Imperial County area has not attained by the applicable attainment date, reclassifies the Imperial County

area as a moderate ozone nonattainment
area, and adjusts applicable deadlines. Therefore, EPA did not consider the use of any voluntary consensus standards. 

### 1.Congressional ReviewAct The Congressional Review Act, 5 U.S.C. 801 et seq.,as added bythe Small Business Regulatory Enforcement Fairness Act of 1996, generally provides thatbefore a rule may take effect, the agency promulgating the rulemust submit arule report, which includes a copy ofthe rule, to each House of the Congress and to the Comptroller General ofthe United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General ofthe United States prior to publication ofthe rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a "major rule" as defined by 5 U.S.C. 804(2). This rule willbe effective March 14, 2008.
K.Petitions forJudicial Review Under section 307(b)(1) ofthe Clean AirAct, petitions forjudicial review of this action must be filed in the United States Court ofAppeals for the appropriate circuit byApril 14, 2008. Filing a petition for reconsideration by the Administrator ofthis final rule does notaffect the finality ofthis rule for the purposes ofjudicial review nor does it extend the time within which a petition forjudicial review maybe filed, and shall notpostpone the effectiveness of such rule or a~tion. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)
List ofSubjects in 40 CFR Part 81

Environmental protection, Air pollution control, Incorporation by reference.

Authority: 42 U.S.C. 7401 etseq. Dated: January 24, 2008. JaneDiamond, ActingRegional Administrator, RegionIX.


### * Part 81 ofchapter I, title 40 ofthe Code ofFederal Regulations is amended

as follows:

PART 81-[AMENDED]

E 1. The authority citatioriffi pa'8t, continues to read as foilo'Ws. '

' r. . I 1 rft ,*

].-., I Authority: 42 U.S.C. 7401 etsqq.

* 2.In§ 81.305 the "California-Ozone (8-Hour Standard)" table is amended by revising the entry for "Imperial County:" to read as follows: §81.305 California.

CALIFORNIA-OZONE * [8-hour standard] Designation Classification Designated area Date1 Type Date Classification

Imperial County, CA: Imperial County

............................ Nonattainment

............... 3/14/08 Subpart 2/Moderate.

This date isJune 15, 2004, unlessotherwise noted.

[FR Doc. E8-2698 Filed 2-12-08; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY
40 CFR Part 180 [EPA-HQ-OPP-2007-0637; FRL-8345-1]
1,3-Dichloropropene and metabolites; PesticideTolerance AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.

SUMMARY: This regulation establishes a tolerance for combined residues of1,3-

• dichloropropene and metabolites in or
on grape. Dow AgroSciences, LLC requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective February 13, 2008. Objections and requests for hearings must be received

on or before April 14, 2008, and must be filed in accordance with the instructions provided in40 CFR part 178 (see also UnitI.C. ofthe SUPPLEMENTARY INFORMATION). ADDRESSES: EPA has established a docket for this action under docket identification (ID) number EPA-HQOPP-2007-0637. To access the electronic docket, go to http:// www.regulations.gov,select "Advanced Search," then "Docket Search." Insert the docket ID number where indicated and selectthe "Submit" button.Follow the instructions onthe regulations.gov website to view the docket index or
access available documents. All documents inthe docket are listed in the docket index available in regulations.gov. Although listed inthe index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and willbe publicly available only in hard copy form. Publicly available docket materials are available in the electronic docket at http://www.regulations.gov, or, ifonly available in hard copy, at the OPP Regulatory Public Docket in Rm. S-